HomeMy WebLinkAboutResolution 2002-018 N.C.S. 01/28/2002 Resolution No. 2002-O18N.C.S.
1 of the City of Petaluma, California
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5 APPROVAL OF A MITIGATED NEGATIVE DECLARATION FOR THE
6 DOWNTOWN RIVER APARTMENTS (EDEN HOUSING) PROJECT TO BE
7 LOCATED AT 3 THROUGH 39 EAST WASHINGTON STREET (ACROSS FROM THE
8 GOLDEN EAGLE SHOPPING CENTER)
9 APN 007-121-006, 007-121-007, 007-121-008, 007-121-009, 007-121-010, 007-121-011, 007-
10 121-012, 007-121-013, AND 007-121-017
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12 WHEREAS, an Initial Study was prepared and the results and the study indicated that. the
13 proposed Downtown River Apartments project, as mitigated, will not cause any significant
14 adverse environmental impacts; and,
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16 WHEREAS, the Planning Commission of the City of Petaluma held a public hearing on
17 December 11, 2001, on the subject application, heard testimony and concluded that the findings
18 and conditions as amended were adequate and recommended to the City Council approval of the
19 proposed development; and
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21 WHEREAS, the City Council considered the Downtown River Apartments proposal on January
22 28, 2002, and considered all written and verbal communications concerning potential
23 environmental impacts resulting from the project before rendering a decision;
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2S NOW, THEREFORE BE IT RESOLVED that the City Council approves a Mitigated Negative
26 Declaration subject to the following Findings and Mitigation Measures:
27
28 FINDINGS FOR ADOPTION OF A MITIGATED NEGATIVE DECLARATION:
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30 1. That based upon the Initial Study, potential impacts resulting from the project have been
31 identified. Mitigation measures have been proposed and agreed to by the applicant as a
32 condition of project approval that will reduce potential impacts to less than significant.
33 In addition, there is no substantial evidence that supports a fair argument that the project,
34 as conditioned and mitigated, would have a significant effect on the environment.
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36 2. That the project does not have the potential to affect wildlife resources as defined in the
37 State Fish .and Game Code, either individually or cumulatively, and is exempt from Fish
38 and Game filing fees because it is proposed on undeveloped site surrounded by urban
39 development.
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41 3. That the project is not. located on a site listed on any Hazardous Waste Site List compiled
42 by the. State pursuant to Section 65962.5 of the California Government Code.
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48 Resolution No. 2002-018 N.C.S.
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1 4. That the Planning Commission reviewed the Initial Study and considered public
2 comments before making a recommendation on the project.
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4 5. That a Mitigation Monitoring Program has been prepared to ensure compliance with the
5 adopted mitigation measures.
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7 6. That the record of proceedings of the decision on the project is available for public
8 review at the City of Petaluma Planning Division, City Hall, 11 English Street, Petaluma,
9 California.
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11 MITIGATION MEASURES:
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13 Geology and Soils.
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15 1. As part of the project approval, the applicant shall be required to adhere to the
16 recommendations as outlined in the Geotechnical Investigation report prepared by
17 Kleinfelder, Inc (dated August 16, 2000). Prior to issuance of a building permit, the
18 applicant shall be required to obtain a geotechnical engineer to review the final project
19 plans and specifications to determine if they are consistent with the recommendations as
20 outlined in the report.
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22 2. All earthwork, grading, trenching, backfilling, and compaction operations shall be
23 conducted in accordance with the City of Petaluma's Subdivision Ordinance (#1046, Title
24 20, Chapter 20.04 of the Petaluma Municipal Code) and Grading and Erosion Control
25 Ordinance #1576, Title 17, Chapter 17.31 of the Petaluma Municipal Code).
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27 3. The Applicant shall submit an Erosion and Sediment Control Plan prepared by a registered
28 professional engineer as an integral part of the grading plan. The Erosion and Sediment
29 Control Plan shall be subject to review and approval of the Planning Division and
30 Engineering Section, prior to issuance of a grading permit. The Plan shall include
31 temporary erosion control measures to be used during construction of cut and fill slopes,
32 excavation for foundations, and other grading operations at the site to prevent discharge of
33 sediment and contaminants into the drainage system. The Erosion and Sediment Control
34 Plan shall include the following measures as applicable:
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36 a. Throughout the construction process, disturbance of groundcover shall be
37 minimized and the existing vegetation shall be retained to the extent possible to
38 reduce soil erosion. All construction and grading activities, including short- term
39 needs (equipment staging areas, storage areas, and field office locations) shall
40 minimize the amount of land area disturbed. Whenever possible, existing disturbed
41 areas shall be used for such purposes.
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43 b. All drainage-ways, wetland areas and creek channels shall be protected from silt
44 and sediment in storm runoff through the use of silt fences, diversion berms, and
45 check dams. All exposed surface areas shall be mulched and reseeded and all cut
46 and fill slopes shall be protected with hay mulch and/or erosion control blankets as
47 appropriate.
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Resolution 2002-0.8 N.C.S. Page 2
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2 c. Material and equipment for implementation of erosion control measures shall be
3 on-site by October 1st. All grading activity shall be completed by October 15th,
4 prior to the on-set of the rainy season, with all disturbed areas stabilized and re-
5 vegetated by October 31st. Upon approval by the Petaluma City Engineer,
6 extensions for short-term grading may be allowed. The Engineering Section in
7 conjunction with any specially permitted rainy season grading may require special
8 erosion control measures.
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10 4. All construction activities shall meet the Uniform Building Code regulations for seismic
11 safety (i.e., reinforcing perimeter and/or load bearing walls, bracing parapets, etc.).
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13 5. All public and private improvements shall be subject to inspection by City staff for
14 compliance with the approved Improvement Plans, prior to City acceptance.
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16 6. Foundation and structural design for buildings shall conform to the requirements of the
17 Uniform Building Code, as well as state and local laws/ordinances. Construction plans
18 shall be subject to review and approval by the Building Division prior to the issuance of a
19 building permit. All work shall be subject to inspection by the Building Division and
20 must conform to all applicable code requirements and approved improvement plans prior
21 to issuance of a Certificate of Occupancy.
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23 7. Prior to issuance of a grading or building permit, the applicant shall submit a detailed
24 schedule for field inspection of work in progress to ensure that all applicable codes,
25 conditions and mitigation measures are being properly implemented through construction
26 of the project.
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28 8. Prior to issuance of a grading permit, building permit or approval of an improvement plan
29 or Final Map, the applicant shall provide a Soils Investigation and Geotechnical Report
30 prepared by a registered professional civil engineer for review and approval of the City
31 Engineer and Chief Building Official in accordance with the Subdivision Ordinance and
32 Grading and Erosion Control Ordinance. The soils report shall address site specific soil
33 conditions (i.e. highly expansive soils) and include recommendations for: site
34 preparation and grading; foundation and soil engineering design: pavement design,
35 utilities, roads, bridges and structures.
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37 9. The design of all earthwork, cuts and fills, drainage, pavements, utilities, foundations and
38 structural components shall conform with the specifications and criteria contained in the
39 geotechnical report, as approved by the City Engineer. The geotechnical engineer shall
40 sign the improvement plans and certify the design as conforming to the specifications. The
41 geotechnical engineer shall also inspect the construction work and shall certify to the City,
42 prior to acceptance of the improvements or issuance of a certificate of occupancy, that the
43 improvements have been constructed in accordance with the geotechnical specifications.
44 Construction and improvement plans shall be reviewed for conformance with the
45 geotechnical specifications by the Engineering Section of the Community Development
46 Department .and the Chief Building Official prior to issuance of grading or building
47 permits and/or advertising for bids on public improvement projects. Additional soils
48 information may be required by the Chief Building Inspector during the plan check. of
49 building plans in accordance with Title 17 and 20 of the Petaluma Municipal Code.
Resolution 2002-018 N.C.S. Page 3
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2 Air
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4 10. The Applicant shall incorporate the following Best Management Practices into the
5 construction and improvement plans and clearly indicates these provisions in the
6 specifications. The construction contractor shall incorporate these measures into the
7 required Erosion and Sediment Control Plan to limit fugitive dust and exhaust emissions
8 during construction.
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10 a. Grading and construction equipment operated during construction activities shall
11 be properly mufflered and maintained to minimize emissions. Equipment shall be
12 turned off when not in use.
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14 b. Exposed soils shall be watered periodically during construction, a minimum of
15 twice daily. The frequency of watering shall be increased if wind. speeds exceed
16 15 mph. Only purchased city water or reclaimed water shall be used for this
17 purpose. Responsibility for watering to include weekends and holidays when
18 work is not in progress.
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20 c. Construction sites involving earthwork shall provide for a gravel pad area
21 consisting of an impermeable liner and drain rock at the construction entrance to
22 clean mud and debris from construction vehicles prior to entering the public
23 roadways. Street surfaces in the vicinity of the project shall be routinely swept
24 and cleaned of mud and dust carried onto the street by construction vehicles.
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26 d. During excavation activities, haul trucks used to transport soil shall utilize tarps or
27 other similar covering devices to reduce dust emissions.
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29 e. Post-construction re-vegetation, repaving or soil stabilization of exposed soils
30 shall be completed in a timely manner according to the approved Erosion and
31 Sediment Control Plan and verified by City inspectors prior to acceptance of
32 improvements or issuance of Certificate of Occupancy.
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34 f. Applicant shall designate a person with authority to require increased watering to
35 monitor the dust and erosion control program and provide name and phone
36 number to the City of Petaluma prior to issuance of grading permits.
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38 g. If applicable, the applicant shall obtain operating permits from the Bay Area Air
39 Quality Management District, and shall provide evidence of compliance prior to
40 requesting a Certificate of Occupancy. The Planning Department and/or Building
41 Division shall verify that the applicant has obtained an operating permit and that
42 the facilities conform to the permit requirements prior to authorizing the
43 Certificate of Occupancy.
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Resolution 2002-018 N.C.S. Page 4
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2 Hydrology and Water Quality.
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4 1. All construction activities shall be performed in a manner that minimizes the sediment
5 and/or pollutants entering directly or indirectly into the storm drain system or ground water.
6 The applicant shall incorporate the following provisions into the construction plans and
7 specifications, to be verified by the Engineering Section, prior to issuance of grading or
8 building pernuts.
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10 2. The applicant shall designate construction staging areas and areas for storage of any
11 hazardous materials (i.e., motor oil, fuels, paints, etc.) used during construction on the
12 improvements plans. All construction staging areas shall be located away from any stream
13 and adjacent drainage areas to prevent runoff from construction areas from entering into the
14 drainage system. Areas designated for storage of hazardous materials shall include proper
15 containment features to prevent contaminants from entering drainage areas in the event of a
16 spill or leak.
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18 3. No debris, soil, silt, sand, cement, concrete or washings thereof, or other construction
19 related materials or wastes, oil or petroleum products or other organic or earthen material
20 shall be allowed to enter a drainage system. All discarded material including washings and
21 accidental spills shall be removed and disposed of at an approved disposal site. The
22 applicant shall designate appropriate disposal methods and/or facilities on the construction
23 plans or in the specifications.
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25 4. Prior to issuance of a grading or building permit or approval of any improvement plans for
26 earthwork. within any creek corridor or identified wetland site; proof of authorization from
27 all applicable responsible agencies, including but not limited to the U.S. Army Corps of
28 Engineers, the California Regional Water Quality Control Board, and the California
29 Department of Fish and Game, shall be submitted by the .applicant to the Planning
30 Department.
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32 5. The applicant shall develop and implement a comprehensive Urban Runoff Control Plan
33 submitted for review and approval of the Engineering Section prior to approval of
34 improvements plans, final map or issuance of grading or building permits. At a minimum,
35 the plan shall: (1) identify specific types and sources of storm water pollutants; (2)
36 determine the location and nature of potential impacts; and (3) specify and incorporate
37 appropriate control measures into the project design and improvement plans. Construction
38 plans shall be reviewed by City planning Department for conformance with the Urban
39 Runoff Control Plan prior to approval of improvement plans or issuance of grading or
40 building permits. City inspectors shall inspect the improvements and verify compliance to
41 acceptance of improvements or issuance of a Certificate of Occupancy. Urban Runoff
42 Control Programs shall include the following as appropriate:
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44 Where practical, street runoff should be conveyed through vegetated swales or retained in
45 small detention basin or swales which serve to filter and absorb sediment and chemical
46 constituents in urban runoff prior to entering a stream channel or storm drain.
47 Alternatively, "filters" of oil and contaminants may be incorporated into the design of
48 storm drain inlets where an annual maintenance program is provided.
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Resolution 2002-018 N.C.S. Page 5
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3 ® Provision for vegetated streamside buffer areas separating formal landscape and developed
4 areas from creek channels and drainage ways. The stream buffer zone shall be landscaped
5 with grasses and native plant species to filter and absorb sediment and chemical
6 constituents and provide a zone for rainfall infiltration next to the creek channel or river.
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8 ® Pesticides and fertilizers shall not be applied to public landscape areas, or any maintenance
9 access-way during the rainy season (October 15tH-Apirl 30tH)
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11 6. The Applicant shall submit a detailed grading and drainage plan for review and approval
12 by City Engineering and Planning Departments prior to approval of a final map,
13 improvement plan, grading or building permit. The project grading and all site drainage
14 improvements shall be designed and constructed in conformance with the City of
15 Petaluma Engineering Department's "Standard Specifications" and the Sonoma County
16 Water Agency's "Flood Control Design Criteria". Channel modifications and bank
17 stabilization improvements within a natural stream channel shall be designed in
18 conformance with the City's "Restoration Design and Management Guidelines". The
19 drainage plans shall include supporting calculations of storm drain and culvert size using
20 acceptable engineering methods.. No lot-to-lot drainage shall be permitted.. Surface
21 runoff shall be addressed within each individual lot, then conveyed to an appropriate
22 storm drain system. All hydrologic, hydraulic and storm drain system design shall be
23 subject to review and approval of the Sonoma County Water Agency (SCWA) and the
24 City Engineer.
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26 7. Prior to issuance of a Certificate of Occupancy, the applicant shall provide certification.
27 by a registered professional civil engineer or surveyor that the lowest habitable floor
28 elevation including basements has been constructed 24-inches or more above the level of
29 the base flood elevation or depth number specified on the current Flood Insurance Rate
30 Map (FIRM).
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32 8. The applicant shall incorporate the following measures into the design plans and
33 specification for any development or subdivision located within a Floodplain Combining
34 or Floodway District to reduce the potential for flood hazards. The applicant shall
35 provide certification by a registered professional engineer or architect that the design
36 meets the following standards prior to approval of a final map or improvements plan.
37 The registered professional engineer shall inspect the construction and certify that the
38 proposed improvements are constructed in conformance with the design standards prior
39 to issuance of a Certificate of Occupancy or acceptance of improvements:
40 ® Grading shall be designed to provide adequate drainage to reduce exposure to flooding.
41 All public utilities and facilities such as sewer, gas, electrical, and water systems shall be
42 located and constructed to minimize flood damage.
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44 ®Base flood elevation data shall be provided for all lands within the floodplain-combining
45 zone. The final map or development plan shall identify all areas subject to inundation
46 during the base flood event (100-year storm). Finished floor elevations shall be
47 established for the lowest habitable floor areas in accordance with the provisions of
48 Article 16 of the Petaluma Zoning Ordinance, floodway and Flood Plain Districts.
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Resolution 2002-018 N.C.S. Page 6
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3 ®The perimeters of all earth pads permitted within the floodplain area shall be engineered
4 to prevent erosion of-the pad due to water velocities of the base flood.
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6 o All structures below the base flood level shall be flood-proofed so that the structure is
7 watertight with walls substantially impermeable to the passage of water and with
8 structural components having the capacity of resisting hydrostatic and hydrodynamic
9 loads with effects of buoyancy.
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11 ®The storage of materials that are explosive, buoyant in time of flooding, or could be
12 injurious to property, structures, human, animal or plant life shall be prohibited within
13 the floodplain or floodway areas.
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15 9. The applicant shall incorporate bio-technical stream bank stabilization measures into the
16 improvement plans for areas of bank failure or high scour potential prior to approval of
17 improvement plans, issuance of grading permits or advertising for bids on a public
18 improvements project. The Plan shall be prepared by a registered professional engineer
19 or landscape architect experience in bio-technical slope protection and stabilization.
20 Design plans shall be reviewed and approved by the SCWA and City planning and
21 engineering prior to approval of improvements plans, issuance of grading permits or
22 advertising for bids on a public improvements project. Slope protection measures and
23 bank stabilization improvements shall be inspected by City inspectors for conformance
24 with the approved plans prior to acceptance of public improvements or issuance of a
25 Certificate of Occupancy:
26 10. The applicant shall be subject to the payment of City's Storm Drainage Impact Fee.
27 Drainage Impact Fees shall be calculated at the time of building permit and a fair share
28 portion shall be paid for each residential unit prior to final inspection of issuance of a
29 Certificate of Occupancy.
30 11. A public storm drain system shall be constructed in Grey Street and shall be designed to
31 include future applicable upstream development. Storm drain system design shall be
32 reviewed and approved by the Sonoma County Water Agency.
33 12. A public sanitary sewer main and public water main shall be constructed in Grey Street
34 from Washington Street to the end of the right-of--way. The water main shall be capable
35 of delivering a continuous fire flow quantity as directed by the Fire Marshal's office.
36 13. The Applicant shall provide a Hydraulic Analysis and Hydrologic Report prepared by a
37 qualified registered professional engineer demonstrating that the storage capacity of the
38 floodplain and carrying capacity of the floodway is preserved and that the proposed
39 encroachments do not increase flood surface elevations or provide. potential for impacts
40 from increased velocities during the occurrence of the base flood, pursuant to Article 16
41 of the Petaluma Zoning Code. The Hydraulic Analysis and Hydrologic Report shall be
42 subject to the review and approval of the City Engineer and the Sonoma County Water
43 Agency, prior to advertising for bids for a public improvement project or issuance of a
44 grading or building permit(s) on private development projects. Prior to final inspection
45 or issuance of a certificate of occupancy for any improvement in the floodplain or
46 floodway, the Applicant shall submit certification prepared by a registered professional
Resolution 2002-018 N.C.S. Page 7
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2 engineer that the proposed improvements meet all standards and certifications required of
3 Article 16 of the Petaluma Zoning Code. (i. e. floor elevations, flood
proofing, subdivision
4 standards and/or floodway encroachments).
5 14. Prior to advertising for bids on any public improvement project or issuance of grading
6 permit or building permit for a private development, the Applicant shall provide a
7 Hydraulic Analysis and Hydrologic Report prepared by a registered professional civil
8 engineer demonstrating that all encroachments within the floodplain or floodway
9 including: any grading, fill, structures, bridges, and channel modifications or bank
10 stabilization measures, are properly balanced .such that no "net. fill" within the floodplain
11 occurs.
12 15. All fill below the flood surface elevation shall be offset by the removal of a like amount
13 of material. This material maybe removed from a portion of the project site; or it maybe
14 removed from a site in the immediate area where the removal of compensating material
15 from the off-site location can be determined to the satisfaction of the City Engineer and
16 the Sonoma County Water Agency, to result in a reasonable equivalence of hydrology
17 and hydraulics to the situation before the development. For purposes of compliance, one
18 or more individual parcels or an entire reach may demonstrate a "zero net fill" balance.
19 Prior to acceptance of improvements, final inspection or issuance of a certificate of
20 occupancy for any improvement in the floodplain or floodway, the Applicant shall submit
21 certification prepared by a registered professional engineer that the improvements as
22 constructed, provide the balance of fill required.
23 lgiological Resources.
24 As per the report prepared, by Kleinfelder Inc., and dated August 31, 2001:
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26 1. All improvements (sidewalks, structures, and planted areas) should extend no farther that
27 the top of the bank as mapped on the engineer drawings (Plate 1). The bank along the
28 west side of the site shall remain in its present state.
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30 2. A contractor's work plan should be developed and implemented to ensure that the
31 wetlands on the bank will not be impacted during construction or after occupancy of the
32 development. In particular, the plan shall include controls to prevent discharge of silt,
33 debris, applied water, or storm water over the bank and onto the wetland habitat. Controls
34 may include demarcation of the bank, silt screens, and grade contouring.
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36 3. These controls shall be included as an integral part of the site National Pollution
37 Discharge Elimination System (NPDES) permit, if required by the Regional Water
38 Quality Control Board.
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40 4. The importance of protecting the wetland areas shall be communicated to contractors
41 working at the site to help prevent disturbance.
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Resolution 2002-01& N.C.S. Page 8
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3 Noise.
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5 All construction activities shall comply with applicable Performance Standards in the
6 Petaluma Zoning Ordinance and Municipal Code.
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8 1..A11 construction activities shall be limited to 7:00 a.m. to 6:00 p.m. Monday through
9 Friday and (9:00 a.m. to 5:00 p.m. on Saturdays. Construction shall be prohibited on
10 Sundays and all holidays recognized by the City of Petaluma, unless a permit is first
11 secured from the City Manager (or his/her designee) for additional hours. There will be no
12 start up of machines nor equipment prior to 8:00 a.m., Monday through Friday; no delivery
13 of materials nor equipment prior to 7:30 a.m. nor past 5:00 p.m., Monday through Friday;
14 no servicing of equipment past 6:45 p.m., Monday through Friday. Plan submitted for City
15 permit shall include the language above. If applicable, pile-driving activities shall be
16 limited to the weekdays from 8:00 a.m. to 5:00 p.m.
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18 2. All construction equipment powered by internal combustion engines shall be properly
19 muffled and maintained to minimize noise. Equipment shall be turned off when not in
20 use.
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22 3. Construction maintenance, storage, and staging areas for construction equipment shall
23 avoid proximity to residential areas to the maximum extent practicable. Stationary
24 construction equipment, such as compressors, mixers, etc., shall be placed away from
25 residential areas and/or provided with acoustical shielding. Quiet construction equipment
26 shall be used when possible.
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28 4. The applicant shall designate a Project Manager with authority to implement the mitigation
29 measures who will be responsible for responding to any complaints from the neighborhood,
30 prior to issuance of a building/grading permit. The Project Manager shall determine the
31 cause of noise complaints (e.g. starting too early, faulty muffler, etc.) and shall take prompt
32 action to correct the problem.
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34 5, All multi-family residential units and any single-family residences located adjacent. to an
35 arterial street or within a projected 65 dBA noise contour shall be constructed using
36 appropriate construction techniques and materials to achieve compliance with the noise
37 standard for interior living area (45 dBA maximum noise level) and the General Plan
38 standard for exterior yards (60 dBA). Placement of buildings to shield roadway noise
39 from exterior yards and/or installation of a sound wall shall be required to meet General
40 Plan Noise Standards. The applicant shall provide an acoustical report prepared by a
41 qualified acoustical engineer, which demonstrates that the proposed building construction
42 will meet both interior and exterior noise standards. Said report shall be submitted by the
43 applicant for review and approval of the Planning Division prior to issuance of a building
44 permit.
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46 6. All land uses shall conform to the applicable Performance Standards listed in Section 22-
47 300 of the Petaluma Zoning Code.
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Resolution 2002-018 N.C.S. Page 9
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4 7. For residential developments abutting an arterial street, the applicant shall prepare a deed
5 notice which shall run with the deed of the properties adjacent to arterial streets advising
6 those property owners/tenants and successors, that property adjoins an arterial street
7 subject to high levels of vehicle traffic and associated noise, vibrations and fumes that
8 maybe considered a disruption. Prior to the Certificate of Occupancy, -the developer shall
9 submit the deed notice in a form acceptable to the City, along with a check for the
10 recording fees made payable to the Sonoma County Recorder.
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12 Visual Quality and Aesthetics.
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14 1. All exterior lighting shall be directed onto the project site and access ways and shielded to
15 prevent glare and intrusion onto adjacent properties. Plans submitted for proj ect review and
16 approval shall incorporate lighting plans, which reflect the location and design of all
17 proposed streetlights, and any other exterior lighting proposed. The Site Plan and
l 8 Architectural Review Committee shall review lighting plans.
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20 2. Shade trees shall be incorporated and improvement plans along public streets and within
21 project site in conformance with the City's Site Plan and Architectural Review Guidelines
22 to reduce glare and provide shade and screening.
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24 3. Architectural detail, including exterior lighting, landscaping plans and detailed site plans
25 shall be subject to review by the City's Site Plan and Architectural Review Committee and
26 conform to the Site Plan and Architectural Review Design Guidelines, as well as the prior
27 to issuance of building permits.
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29 4. All new and overhead utilities (except for high voltage transmission lines) shall be placed
30 underground.
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32 5. Architectural details, landscape plans and specifications, parking layout and detailed site
33 plans shall be subject to review and approval by the Site Plan and Architectural Review
34 Committee (SPARC) prior to issuance of a building permit.
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36 6. Development plans shall be designed to avoid vehicular lighting impacts to bedroom areas
37 and other light-sensitive living areas of nearby lots, home or facility. Development plans for
38 lots proposed at street intersections or in other potentially light-sensitive locations shall
39 incorporate architectural or landscape design features to screen interior living space from the
40 headlight glare.
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42 Hazards & Hazardous Materials.
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44 1. In accordance, with the Phase II Soil & Groundwater investigation prepared by Kleinfelder,
45 Inc., (dated September 7, 2000), Remedial Alternative 1 (one) shall be the method used to
46 mitigate the potential of lead contamination from the site (removal of the site). Remedial
47 Alternative 1 (one) reads as follows:
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Resolution 2002-018 N.C.S. Page 10
1 The primary tasks involved in Remedial Alternative 1 are: a) excavation of impacted soil
2 from Area A, b) exportation of the impacted Area A material to a permitted landfill for
3 disposal, and c) replacement of the impacted material by clean imported fill. The
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6 advantages of this is that no confirmation sampling is required, imported fill will be
7 certified by the on-site soil engineer as clean, and imported fill may be selected for its
8 geotechnical properties. The disadvantages are the additional cost associated with
9 disposal of impacted material, additional costs associated with importation of clean
10 material, landfill may require additional testing, additional long-term liability associated
11 with disposal at a landfill, and additional documentation required for proof of "zero net
12 fill."
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14 2. For uses, including construction activities, involving the storage of chemicals or hazardous
15 materials on-site, the developer shall file a declaration form with the Fire Marshal's office
16 and shall. obtain. a hazardous materials storage permit.
17
18 3. If hazardous materials are used or stored on-site, the developer shall prepare a Risk
19 management Plan and submit for review and approval by the Fire Marshal's office prior to
20 issuance of a grading and/or building permit. The RMP shall include the following as
21 appropriate:
22
23 a. The applicant shall provide for proper containment within storage areas for
24 hazardous materials and shall maintain emergency equipment and supplies,
25 as specified by the Fire Marshal, to address any spills or leaks from the
26 facilities.
27 b. The applicant shall identify any potentially hazardous substances or
28 contamination existing on-site and shall provide for proper treatment,
29 removal and disposal during construction.
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31 4. If the site is located in close proximity to high risk utilities, such as high-pressure gas lines,
32 high voltage transmission lines or sewer force main, prior to approval of a grading or
33 building permit or advertising for bids on a public improvement project,. the develop shall
34 consult with the utility providers and accurately locate the utilities on construction or
35 improvement plans. High-risk utilities shall be potholed prior to construction.
36
3 7 5. If any vapors or other signs of contamination are detected during project construction, all
38 local, state, and federal requirements for remediation and disposal of contaminated
39 materials shall be followed.
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41 6.For any site listed as contaminated on the hazardous waste site list, the Applicant shall
42 provide a report prepared by a qualified hydro-geologist defining the location, type and
43 extent of contamination and the remediation measures to be implemented. Said report shall
44 demonstrate that the proposed development does not preclude or prevent remediation nor
45 present a health or safety risk to the users or construction workers.
46
47 7. If any vapors or other signs of contamination are detected during project construction, all
48 local, state, and federal requirements for remediation and disposal of contaminated
49 materials shall be followed.
Resolution 2002-018 N.C.S. Page 11
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2 8. For construction within sites designated as contaminated with hazardous materials, the
3 Applicant shall prepare a Risk Prevention Plan prepared by a qualified hazardous
4 materials specialist and incorporate the measures into the plans and specifications for the
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8 project. The Risk Prevention Plan shall be submitted for review and approval of the Fire
9 Marshal and Planning Department prior to issuance of a building or grading permit. The
10 Risk Prevention Plan shall:
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12 i. Clearly identify all contaminated areas and potentially contaminated areas
13 on the proposed construction plans.
14
15 ii. Avoid excavations and trenching or limit trenching to shallow depths in
16 the vicinity of contaminated areas to avoid encountering contaminated
17 soils and/or groundwater.
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19 iii. If trenching or excavations are to occur near the contaminated areas, soils
20 and groundwater shall be tested during the project design stage, for the
21 presence of hazardous materials that may be encountered during
22 construction. Astate-certified laboratory shall be used for all testing.
23
24 iv. Any contaminated soil or groundwater encountered during construction
25 shall be removed and re-mediated or disposed of in an approved facility.
26 Contaminated groundwater encountered during construction shall be
27 retained in a tank for pretreatment and disposed of at the wastewater
28 treatment plant.
29
30 v. Astate-certified hazardous materials shall be retained by the City to
31 conduct systematic monitoring of soils and groundwater encountered
32 during grading, trenching, and earthwork activities, recommend safe
33 handling measures and ensure proper disposal.
34
35 Transportation/Traffic.
36
37 1. For projects involving improvements on existing streets or substantial construction
38 traffic and heavy equipment, the applicant shall provide a Traffic Control Plan for
39 review and approval of the City's Traffic Engineer, prior to issuance of a building or
40 grading permit. At least one-lane of traffic in each direction shall be maintained at all
41 times through the construction period, unless a temporary detour plan is .submitted and
42 approved the City Traffic Engineer. Heavy construction traffic and haul trucks shall
43 avoid school zones between school arrival and departures times. During non-working
44 hours, open trenches and construction hazards shall be provided with signage, flashers,
45 and barricades approved by the Street Superintendent to warn oncoming motorists,
46 bicyclists, and pedestrians of potential safety hazards.
47
48 2. All road surfaces shall be restored to pre-project conditions after completion of any
49 project-related utility installation activities. All trench pavement restoration within
Resolution 2002-018 N.C.S. Page 12
1 existing asphalt streets shall receive a slurry seal. If the trench cut is within the parking
2 strip, then only the parking strip needs a slurry seal. Otherwise, half the street shall
3 receive a slurry seal.
4
5
6
7
8 3. Any pedestrian access through and/or adjacent to the project site shall remain
9 unobstructed during project construction or an alternate route established as approved
10 by the Police Chief and City Engineer.
11
12 4. Frontage improvements shall be installed in accordance with the City's Street Standards
13 to provide for safe access to and from the site. Turning lanes, acceleration and
14 deceleration lanes, curb cuts, median islands, signing and striping shall be incorporated
15 into the design plans as required by the City's Traffic Engineer. Pedestrian and bicycle
16 access connecting the City's bikeways and pedestrian circulation through the site shall
17 be incorporated into the development plan. Improvement or construction plans shall be
18 subject to review and approval of the Traffic Engineer prior to issuance of a grading or
19 building permit. All street frontage improvements shall be constructed to City
20 standards and inspected by City Inspectors prior to final inspections or acceptance of
21 improvements.
22
23 5. The Applicant shall be responsible for the payment of the City's Traffic Mitigation Fee.
24 Traffic Mitigation Fees shall be calculated at the time of issuance of a building permit
25 and shall be due and payable before final inspection or issuance of a certificate of
26 occupancy.
27
28 6. The Applicant shall pay a fair share contribution towards any signal or street
29 improvements necessitated by the projected traffic that are not included in the Traffic
30 Mitigation Fees. A fair share contribution shall be collected at the -time of issuance of a
31 building permit.
32
33 7. The developer shall be required to reconstruct the curb, gutter and sidewalk along the
34 entire frontage of Washington Street and re-stripe the centerlines and lane lines as
35 necessary to allow for parking along the project frontage. Provide Street lights per City
3 6 Standards.
37
38 8. Grey Street shall. be constructed to a full width of 36 feet from Washington Street to the
39 end of the Right-of--Way. Curb, gutter and sidewalk shall be constructed on the project
40 side of Grey Street with curb and gutter only on the opposite side. Provide streetlights
41 per City standards. Parking shall be allowed on both sides of Grey Street except where
42 limited by driveways or turn lanes. Provide an adequate emergency vehicle turnaround
43 at the parking entrance near the end of Grey Street. Grey Street shall have signs and
44 striping for a left turn and right turn lanes and a stop with a crosswalk.
45
46 9. Prior to a Certificate of Occupancy, the applicant shall be required to construct a safe
47 pedestrian crossing, across Washington Street. Said pedestrian crossing shall line up with
48 the proposed river path as shown on the landscaping plans for the proposed Downtown
49 River Apartment project. The pedestrian crossing (pedestrian corral) as proposed by the
Resolution 2002-018 N.C.S. Page 13
1 traffic consultant Weinberg and Whitlock (W-Trans) shall include additional safety
2 features than what are currently proposed. The cities traffic engineer shall review said
3 additional safety features for the pedestrian crossing. Prior to the construction of the
4 pedestrian crossing (pedestrian corral) for the Downtown River Apartment (Eden
5 Housing) project, if a pedestrian crossing has been installed (on the west side of the river
6 across Washington Street), in accordance with the cities proposed Riverwalk project, said
7 pedestrian corral as proposed for the Downtown River Apartment proposal shall not be
8 constructed as the pedestrian crossing for the Riverwalk project shall serve as safe
9 passage for pedestrian across Washington Street.
10
11 10. Provide public access and improvements along the river frontage according to the
12 Petaluma River Access and Enhancement Plan.
13
14 Mandatory Findings of Significance
15
16 IMPLEMENTATION:
17
18 1. The applicant shall be required to obtain all required permits from responsible agencies and
19 provide proof of compliance to the City prior to issuance of grading permits or approvals of
20 improvements plans.
21
22 2. The applicant shall incorporate all applicable code provisions and required mitigation
23 measures and conditions into the design and improvements plans and specifications for the
24 project.
25
26 3. The applicant shall notify all employees, contractors, and agents involved in the project
27 implementation of mitigation measures and conditions applicable to the project and shall
28 ensure compliance with such measures and conditions. Applicant shall notify all assigns
29 and transfers of the same.
30
31 4. The applicant shall provide for the cost of monitoring of any condition or mitigation
32 measure that involves on-going operations on the site or long-range improvements, such as
33 archaeological resources, etc.
34
35 MONITORING:
36
37 1. The Building Division, Planning Division, Engineering Section and Fire Departments shall
38 review the improvement and construction plans for conformance with the approved project
39 description and all applicable codes, conditions, mitigation measures, and permit
40 requirements prior to approval of a site design review, improvement plans, grading plans,
41 or building permits.
42
43
44
45
Resolution 2002-01'8 N.C.S. Page 14
1 2. The Planning Division shall ensure that the applicant has obtained applicable required
2 permits from all responsible agencies and that the plans and specifications conform to the
3 permit requirements prior to the issuance of grading or building permits.
4
S 3. Prior to acceptance of improvements or issuance of a Certificate of Occupancy, all
6 improvements shall be subject to inspection by pity staff for compliance with the project
7 description, permit conditions, and approved development or improvement plans.
8
9 C®NSTRUCTI®N MEASURES:
10
11 1. The applicant shall designate a project. manager with authority to implement all mitigation
12 measures and conditions of approval and provide .name, address, and phone numbers to the
13 City prior to issuance of any grading permits and signed by the contractor responsible for
14 construction.
15
16 2. Mitigation measures required during construction shall be listed as conditions on the
17 building or grading permits and signed by the contractor responsible for construction.
18
19 3. City inspectors shall insure that construction activities occur with the approved plans and
20 conditions of approval.
21
22 4. If deemed appropriate by the City, the applicant shall arrange apre-construction conference
23 with the construction contractor, City staff and responsible agencies to review the
24 mitigation measures and conditions of approval prior to the issuance of grading and
25 building permits.
26
27
28 s:\cc-city council\eden housing mit neg dec reso
29
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: 1 hereby certify the foregoing Resolution was introduced and adopted by the _-_~Approved as o
Council of the City of Petaluma at a (Regular) (Adjourned) (Special) meeting f
on the ........8th.......... day of .......Jana.uu:~} 20.02,, by the
following vote:
ity ttorney
AYES: Cader-Thompson, Vice Mayor Healy, Maguire, O'Brien, Mayor Thompson, Torliatt
NOES: Moynihan
ABSENT: No
ATTEST:
City Clerk " " Mayor
Council File
Res. No........2002-O1.8..._...N,C.S.