HomeMy WebLinkAboutResolution 2014-134 N.C.S. 8/4/2014Resolution No. 2014-134 N.C.S.
of the City of Petaluma, California
ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION
MONITORING PROGRAM FOR THE ADDISON RANCH APARTMENT COMPLEX
LOCATED AT 200 GREENBRIAR CIRCLE
APN 007-610-001 THROUGH 032
FILE NO. 13-SPC-0122
WHEREAS, Gary Whitesides, with GALA Construction, submitted an application (13-
SPC-0122) to the City of Petaluma for a Zoning Map Amendment and Site Plan and
Architectural Review for the property located at 200 Greenbriar Circle, APN 007-610-001
through 032 ("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 May 22, 2014 and ending June 23, 2014, and
a Notice of Public Hearing to be held on June 17, 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 June 17, 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 June 17, 2014 and received and
considered all written and oral public continents on environmental effects of the Project which
were submitted up to and at the time of the public hearing; and.
WHEREAS, on June 17. 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. 2014-134 N.C.S. Page I
WHEREAS, the City Council held a duly noticed public hearing on August 4, 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. 13-SPC-0122, is the
City of Petaluma Community Development Department, 11 English Street, Petaluma, CA 94952,
Attn: Elizabeth 7onekheer, Senior Planner.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The foregoing recitals are true and correct and incorporated herein by reference.
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.
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
to
Council ofthe City of Petaluma at a Regular meeting on the 4"' day of August,
fo
C
2014, by the following vote:
City Attom y
AYES:
Albertson, Barren, Barris, Healy, Vice Mayor Kearney, Miller
NOES:
Mayor Glass
ABSENT:
None
ABSTAIN:
None
ATTEST:
City Cler - \�\..\\ll Mayor
Resolution No. 2014-134 N.C.S. Page 2
Exhibit A
City of Petaluma, California
Community Development Department
Planning Division
1 1 English Street, Petaluma, CA 94952
Project Name: ADDISON RANCH APARTMENT COMPLEX
File Number: 13-SPC-0122
Address/Location: 200 Greenbriar Circle, Petaluma, CA 94952
APN: 007-610-001 through 032
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 Planning Commission
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.
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.
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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.
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 Checklist
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 implementing the measure, and the status of compliance with the mitigation
measure.
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3.2 Aesthetics and Visual Resources
VIS-1. To prevent light pollution, all exterior lighting shall be directed onto the project site
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and access ways, and shielded to prevent glare and intrusion onto adjacent properties.
VIS-2. In order to avoid light intrusion onto adjacent properties, all exterior lighting shall be
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directed onto 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-1. In order to assure that potential impact to air quality do not contribution
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substantially to an existing or projected air quality violation, the applicant shall
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incorporate Best Management Practices to control fugitive dust during construction
or Project
activities. BMPs shall include but not be limited to the BAAQMD Basic Construction
Manager
Mitigation Measures as modified below:
1. Water all active construction areas (exposed surfaces, parking areas, staging
areas, soil piles, graded areas, and unpaved access roads) at least twice daily,
or as often as needed to control dust emissions. Watering should be sufficient to
prevent airborne dust from leaving the site. Increased watering frequency may
be necessary whenever wind speeds exceed 15 miles per hour. Reclaimed
water should be used whenever possible.
2. Enclose, cover, water twice daily, or apply non -toxic soil binders to exposed
stockpiles (dirt, sand, etc.).
3. Pave, apply water twice daily or as often as necessary to control dust, or apply
(non- toxic) soil stabilizers on all unpaved access roads, parking areas, and
staging areas at construction sites.
4. Hydroseed or apply non -toxic soil stabilizers to inactive construction areas.
Replant vegetation in disturbed areas as quickly as possible.
5. Cover all trucks hauling soil, sand, debris and other loose materials or require all
trucks to maintain at least two feet of freeboard (i.e. the minimum required
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space between the top of the load and the top of the trailer).
6. Sweep daily (with water sweepers using reclaimed water if possible) or as often
as needed all paved access roads, parking areas and staging areas at the
construction site to control dust. Sweep public streets daily (with water sweepers
using reclaimed water if possible) in the vicinity of the project site, or as often as
needed, to keep streets free of visible soil material. The use of dry power
sweeping is prohibited. 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.
7. All roadways, driveways, and sidewalks shall be completed as soon as possible.
Building pads shall be laid as soon as possible after grading unless seeding or soil
binders are used.
8. 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). 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. Equipment staging shall occur as far as possible from existing sensitive receptors.
11. Post a publicly visible sign with the telephone number 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.
12. The Developer shall designate a person with authority to require increased
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watering to monitor the dust and erosion control program and provide name
and phone number to the City prior to issuance of grading permits Post a
publicly visible sign with the telephone number of designated person 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.
3.4 Biological Resources
BIO-1. In order to avoid potential impacts to nesting birds covered by State and federal
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law (California Department of Fish and Game Code and the MBTA), the applicant shall
avoid the removal of trees, shrubs, or weedy vegetation between February 1 and August
31, during the bird nesting period. 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 no earlier than 14 days prior to the removal of trees. Survey results shall be valid
for the tree removals for 21 days following the survey. If the trees are not removed within
the 21-day period, then a new survey shall be conducted. In the event that an active
nest for a protected species of bird is discovered temporary protective breeding season
buffers that avoid direct or indirect mortality of these birds, nests or young shall be
established. The appropriate buffer distance is dependent on the species, surrounding
vegetation and topography and shall be determined by a qualified biologist to prevent
nest abandonment and direct mortality during construction.
3I0-2. All landscaping within the 50-foot setback area of East Washington Creek shall
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consist of native species.
3.5 Cultural and Historic Resources
CUL-1. If during the course of ground disturbing activities, including, but not limited to
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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 or paleontological
resource be identified a gualified archaeologist or paleontologist shall prepare a resource
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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
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construction excavation activities shall be suspended and the following measures shall
Applicant
be undertaken:
1. 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 hours.
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 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 California Building
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Code regulations 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
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and drainage plans shall be submitted to the City Engineer for review and approval. 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 Municipal Code). These plans
shall detail erosion control measures such as site watering, sediment capture, equipment
staging and loydown pad, and other erosion control measures to be implemented
during construction activity on the project site to reduce erosion and kee disturbed soils
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from migrating or being carried offsite, especially in the creek area.
GEO-3. The design of all earthwork, cuts and fills, drainage, pavements, utilities,
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foundations, and 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
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recommendations as outlined in the Soils Investigative report prepared for the subject
property by Reese & Associates (July 2013), including but not limited to foundations system
design and moisture conditioning of expansive clays and compressible soils to 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
HAZ-1. Prior to demolition activities, all component materials of site structures planned for
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demolition shall be tested for the presence of ACBM and LBP. Where the material is found
to contain greater than 1 percent asbestos and is friable, the material shall be handled in
accordance with Section 11-2-303 (Regulation 11 Hazardous Pollutants, Rule 2, BAAQMD).
All ACM and LBP shall be removed by a qualified lead abatement contractor and
disposed of in accordance with existing hazardous waste regulations. Proper handling
and disposal procedures that promote safe working conditions and minimize release of
component materials into the environment shall be performed. Prior to issuance of a
demolition permit, the applicant shall provide the City with proof of a J# from BAAQMD.
3.9 Hydrology and Water Quality
HYDRO-1. The project shall prepare a SWPPP prior to the issuance of grading
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permits. The SWPPP shall be prepared pursuant to the requirements set by the State
Water Resources Control Board (SWRCB), and implemented throughout project
construction and operation. The Applicant shall complete and submit a Notice of Intent
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(NOI) and appropriate filing fee to the SWRCB. The applicant shall file a Notice of
Termination (NOT) with the SWRCB upon project completion. The SWPPP shall be
submitted for review and approval by Public Works prior to approval of improvement
plans or issuance of grading or building permits. City inspectors 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. Best Management Practices generally entail the use of fiber and filter roles,
catchment and sediment basins, designated staging and wash -down area, and bio-
filtration planters.
HYDRO-2. In accordance with City of Petaluma General Plan 2025 Policy 8-P-36, the
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project shall include an on -site storm water detention system to limit post -construction
storm water peak flows leaving the site to not exceed pre -project peak flows by
detaining peak storm water runoff from the 100-year, 24 hour storm event. Final storm
water calculations shall be designed in accordance with City of Petaluma and Sonoma
County Water Agency requirements and shall be provided with the project construction
drawings, subject to the review and approval by the City Engineer.
HYDRO-3. The developer shall be responsible for funding, through the project cost
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recovery account, all City required storm water quality inspections. The project
conditions, covenants and restrictions shall establish and fund a mechanism to ensure
long term maintenance, inspection and repair as needed of the storm water detention
system and post construction storm water treatment measures and best management
practices. The systems shall be inspected at least annually, prior to the onset of the rainy
season, by a Civil Engineer licensed to practice in the State of California, to ensure the
drainage systems are performing as designed and required in project approvals. The Civil
Engineer shall prepare a signed and sealed report of the inspection including findings
regarding the condition of the storm water detention and treatment systems, photo
documentation, any necessary proposed modifications and a statement indicating that
the system is operating as designed and required by project approvals. The annual
report shall be submitted to the City of Petaluma Planning Department and Department
of Public Works and Utilities no later than October 151h of each year.
HYDRO-4. All storm drain inlets shall be stenciled with prohibitive language (such as:
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"NO DUMPING -DRAINS TO OCEAN) and/or graphical icons to discourage illegal dumping.
HYDRO-5. The applicant shall pay the Cit 's Storm Drainage Impact Fee. Drainage
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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.
3.12 Noise
NOI-I. Construction Hours/Scheduling: The following are required to limit construction
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activities to the portion of the day when the number of persons in the adjacent sensitive
receptors are likely to be the 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. Interior work only shall be permitted on Saturday
between 9:00 a.m. to 5:00 p.m. 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 some construction hours specified above.
NOI-2. The contractor/developer shall develop and City Planning Department shall
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approve a construction mitigation plan prior to the issuance of demolition permits. The
Contractor
construction mitigation plan shall incorporate the following controls as feasible:
Project
Manager
1. Prior to award of the construction contract, the Project manager or their
designate shall note on all construction plans any and all alternate methods for
work done within 20 feet of adjacent residential buildings.
2. Prior to demolition, the Project manager or their designate shall meet with the
construction contractor to discuss alternate, less vibration -intensive methods for
the entire construction process. This includes the operation of loaded trucks,
large off -road equipment (which generates vibration levels equivalent to or
greater than a large bulldozer), and/or drilling or trenching equipment. The
alternative methods must not use construction equipment that would generate
vibration levels in excess of 0.1 PPV inches per second at any residential building.
3. Prior to demolition, the construction contractor shall inspect and document the
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current conditions for foundations, structural characteristics, and cosmetic
features of all existing residential buildings that are adjacent to Project
construction zones.
4. Equipment Location and Shielding: All stationary noise -generating construction
equipment, such as air compressors, shall be located as for as practical from the
adjacent homes. Acoustically shield such equipment when it must be located
near adjacent residences and comply with the following stipulations:
a. The use of vibratory rollers shall be prohibited within 30 feet of a residential
structure. If soil compacting is required within 30 feet of a residential structure,
static rollers shall be employed.
b. The use of hoe rams or concrete breakers shall be prohibited within 30 feet of
a residential structure.
c. Route loaded trucks as for as feasible from sensitive receptors.
5. Construction Equipment Mufflers and Maintenance: All construction equipment
powered by internal combustion engines shall be properly muffled and
maintained.
6. Noise Disturbance Coordinator: Residences or noise -sensitive land uses adjacent
to the construction site shall be notified of the construction schedule in writing.
Designate a "construction liaison" that would be responsible for responding to
any local complaints about construction vibration. The liaison would determine
the cause of the vibration complaints (e.g. starting too early, use of improper
equipment or processes, etc.) and institute reasonable measure to correct the
problem. Conspicuously post a telephone number for the liaison at the
construction site.
NOI-3. The contractor/developer shall develop and City Planning Department shall
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approve a construction mitigation plan prior to the issuance of demolition permits. In
Contractor
addition to those listed above under NOI-2, the construction mitigation plan shall
Project
incorporate the following controls as feasible:
Manager
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1. Quiet Equipment Selection: Select quiet construction equipment, particularly air
compressors, whenever possible. Motorized equipment shall be outfitted with
proper mufflers in good working order and appropriate for the equipment. Utilize
"quiet" models of air compressors and other stationary noise sources where
technology exists. "Quiet' equipment typical generate noise levels 5 dBA lower
than that of conventional equipment.
2. Idling Prohibitions: All equipment and vehicles shall be turned off when not in
use. Unnecessary idling of internal combustion engines shall be prohibited.
3. Construction equipment shall be well maintained in accordance with
manufacturers specifications.
4. Staging and Equipment Storage: The equipment storage location shall be sited
as for as possible from nearby sensitive receptors (e.g., residences) when these
receptors adjoin or are within 200 feet of a construction Project area.
5. Route construction related traffic along major roadways and as for as feasible
from sensitive receptors.
6. Construct temporary fences using plywood (or material bearing the some sound
attenuating effectiveness as plywood) between portions of the construction sites
and sensitive receptors, such as residences and public areas. These temporary
sound barrier fences should be a minimum of eight feet high and should have no
gaps between sections or at the bottom (at grade level).
3.16 Transportation and Circulation
CIRC-1.Any new landscaping immediately adjacent to all project driveways shall not
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exceed three feet in height.
CIRC-2.Traffic calming measures shall be employed to encourage low traveling vehicles
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on internal circulation including, crosswalks at corners, curb and ramps, and colored
pavement to visually identify pedestrian crossings.
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CIRC-3.The intersection of Maria Drive and Park Lane shall be improved with yellow
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stripping crosswalks at both the east and south leg, as well as at the project access
driveway (Maria Drive/ GreenBrior Circle) to assure safe pedestrian access including
crossing to the McDowell Elementary School to the southeast.
CIRC-4.The project applicant shall be responsible for the cost associated with the
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installation of signage along the frontage of the property at Maria Drive noting that Maria
Drive is a Class III Bike route.
Department
PD Planning Division
FM Fire Marshal
ENG Engineering Division
BLD Building Division
Required Prior to Issuance/Aooroval
FM Final Map
GP Grading Permit
BP Building Permit
CO Certificate of Occupancy
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